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(영문) 서울서부지방법원 2018.01.16 2016가단16392
건물인도
Text

1. The defendant shall pay 2,357,00,000 won to the non-party bank and 100,700,000 won to the defendant respectively.

Reasons

Facts of recognition

The Plaintiff is a corporation established for the purpose of developing, leasing, etc. real estate, and is a company that implemented a project to build and sell “E” apartment buildings, which are private rental housing units comprised of 32 Dong-dong 600 households, on the Gu D School sites located in Yongsan-gu Seoul Metropolitan Government.

On April 24, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 2,014,100,000, monthly rent of KRW 3,429,000, and KRW 3,429,000, and KRW 5 years from the starting date of the designation period of occupancy in the lease term, and thereafter, on February 15, 2011, the lease deposit amount of KRW 2,357,00,000 shall be increased to KRW 2,357,00,000, and the monthly rent shall not be separately paid. On June 16, 2014, the agreement to revise the existing lease agreement to apply mutatis mutandis as it is; the amendment agreement to add KRW 100,70,000 from the existing deposit to KRW 100 (hereinafter referred to as the “instant lease agreement”).

The Defendant paid KRW 2,457,700,000 to the Plaintiff under the instant lease agreement, and has occupied and used the said apartment while residing in the said apartment until now.

On the other hand, after the first change contract on February 15, 201, the Defendant obtained a loan of KRW 1.6 billion from the Bank of Korea after the first change contract on February 15, 201, for securing its obligation, transferred to the Bank of Korea KRW 2,357,00,000 against the Plaintiff at the time, and the notification of the transfer was delivered to the Plaintiff.

According to the terms and conditions of the lease contract and special agreement of this case, it is scheduled to make a conversion procedure according to the application for parcelling-out under the lessee at the expiration of two years and six months from the expiration date of the designation period of occupancy designated by the lessor, or at the expiration of five years from the expiration date

The starting date of the designation period for the occupancy of the apartment in this case shall be January 201.

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